Bulgaria: Copy of the penal code; whether it contains provisions with respect to offences and penalties for failing to report to a police station after being released on the condition to report back to the police station, and destruction of property (including livestock); whether the criminal procedures code provides for a mechanism for modifying a bail or a release from a police station where reporting is required; recourses available to Bulgarian citizens against enforcement officers who have beaten them and destroyed their property
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 9 May 2002 |
| Citation / Document Symbol | BGR38959.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Bulgaria: Copy of the penal code; whether it contains provisions with respect to offences and penalties for failing to report to a police station after being released on the condition to report back to the police station, and destruction of property (including livestock); whether the criminal procedures code provides for a mechanism for modifying a bail or a release from a police station where reporting is required; recourses available to Bulgarian citizens against enforcement officers who have beaten them and destroyed their property, 9 May 2002, BGR38959.E, available at: https://www.refworld.org/docid/3df4be1328.html [accessed 3 November 2019] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
A 1997 unofficial English translation of the Bulgarian penal code is available on the University of Montana School of Law Website at the following URL address :
The Chairman of the Bulgarian Helsinki Committee provided the following information in 9 May 2002 correspondence.
On whether there are any provisions in the Bulgarian penal code and/or the criminal procedures code with respect to offenses and penalties for failing to report to a police station after being released on the condition to report back to the police station, the chairman stated that:
there is no criminal responsibility for failure to report to a police station if you are obliged to (under a measure imposed to insure one's availability for investigation/court penal proceedings). If this happens, a more severe measure is imposed (usually detention).
On whether there is any legal mechanism in Bulgaria to modify the terms of a bail or a release from a police station where subsequent reporting is required, the chairman stated that:
there is a mechanism to appeal against the amount of bail or to demand a less severe measure of restraint (reporting is the least severe measure under the Bulgarian system).
On whether there is any legal recourse currently available to Bulgarian citizens
who have been the victims of misconduct (beatings, theft, destruction of
property, including livestock) by law enforcement officials, the chairman stated that:
There are two types of actions possible - filing a complaint to the superior police authority in order for it to investigate the abuses or to file a complaint to the military prosecutor in order to start a criminal investigation. Both can bring results in certain cases but are generally not effective.
According to a report prepared by the Sofia-based Center for the Study of Democracy (CSD), which describes itself as "an interdisciplinary public policy institute dedicated to the values of democracy and market economy ... [and] a non-partisan, independent organization fostering the reform process in Bulgaria through impact on policy and civil society," as of early March 2002, Bulgaria did not have any Ombudsman institution within in its legal framework (3 Apr. 2002).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Bulgarian Helsinki Committee, Sofia. 9 May 2002. Correspondence from chairman.
Center for the Study of Democracy (CSD), Sofia. 3 April 2002. "Introducing the Ombudsman Institution in Bulgaria."
